Flynn et al v. Doyle et al

Filing 290

ORDER signed by Judge J.P. Stadtmueller on 3/13/2018 DENYING 289 Plaintiff Kristine A. Flynn's Motion for Order Regarding Alleged Violations of Settlement Agreement. (cc: all counsel, via mail to Kristine A. Flynn at Taycheedah Correctional Institution) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
KRISTINE A. FLYNN, LENDA
FLOURNOY, VERNESSIA L.
PARKER, and DEBBIE ANN RAMOS,

v.

Case No. 6-CV-537-JPS-JPS

Plaintiffs,

JAMES GREER, DR. DAVID
BURNETT, KEVIN KALLAS, M.D.,
BARBARA RIPANI, STEVEN
MERESS, M.D., ROBERT AHLBORG,
SCOTT WALKER, GARY HAMBLIN,
DEANNE SCHAUB, and GARY
ANKARLO,

ORDER

Defendants.
This class action was filed on May 1, 2006 by Plaintiffs, through
counsel, alleging deficiencies in the medical care provided to them and
other women at Taycheedah Correctional Institution (“Taycheedah”),
Wisconsin’s largest women’s prison. (Docket #1). The matter was settled in
mid-2010. (Docket #259). The settlement involved ongoing efforts to
improve medical care at Taycheedah. Over the subsequent years, the
parties occasionally returned to the Court to seek an amendment to the
previously-approved settlement terms. See (Docket #280, #283, and #285). In
February 2016, Plaintiffs represented that the terms of the settlement
agreement had been met and they stipulated to dismissal of the action with
prejudice. (Docket #287). The Court adopted that stipulation. (Docket #288).
More than a year later, Plaintiff Kristine A. Flynn (“Flynn”) filed a
motion “for violations by WDOC for TCI Agreement between ACLU

Counsel for the Plaintiff and Gov. Doyle and WDOC.” (Docket #289). Flynn,
still housed at Taycheedah, lists various complaints with the institution’s
provision of health care. Id. This motion must be denied for three reasons.
First, Flynn was represented by counsel while this action was pending, and
there is no indication in any court filings that her counsel has withdrawn
from this action. The Court does not allow “hybrid” representation, where
both counsel and the litigants they represent file motions and pleadings
with the Court. Second, assuming Flynn is no longer represented by
counsel, prisoner litigants are not permitted to proceed pro se to represent a
class of other prisoners. Howard v. Pollard, 814 F.3d 476, 478-79 (7th Cir.
2015). Third, and most importantly, Plaintiffs have informed the Court that
the terms of the settlement were met and stipulated to dismissal with
prejudice on that basis. Flynn and her fellow class members cannot rescind
that representation long after this action had been dismissed.
Accordingly,
IT IS ORDERED that Plaintiff Kristine A. Flynn’s motion relating to
alleged violations of the settlement agreement (Docket #289) be and the
same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 13th day of March, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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